According to Land Excavation and Reclamation Act B.E. 2543, competent local officers have authority to order a land owner to cease excavation if they find that such action caused or may cause damage to properties of other persons or to the environment. The Court determined that the conduct of excavation by the Plaintiffs caused damage to shrimp and fish farming and to the consumtion and utilisation of freshwater resources. Although the Plaintiffs proposed and undertook preventive and remedial measures and the law provided legal measures for damages and compensation, such measures cannot remedy irreversible damage to the environment. The Court therefore found that the exercise of the Defendent‘s discretionary power to order the Plaintiffs to cease excavation was lawful.
Supreme Administrative Court Judgment No. A.241/2552
Title:
Supreme Administrative Court Judgment No. A.241/2552
Party:
Thailand
Region:
Asia and the Pacific
Type of document:
National - higher court
Date of text:
October 06, 2009
Data source:
InforMEA
Court name:
Supreme Administrative Court
Seat of court:
Bangkok
Reference number:
Decided Case No. A.241/2552
Link to full text:
Abstract:
Files: